Regulation 74 Appeals to the Director General with respect to an investigationF1I1
United Kingdom
This regulation applies where a complaint has been subjected to—
an investigation by the appropriate authority on its own behalf; or
an investigation under the supervision of the Director General.
The complainant shall have the following rights of appeal to the Director General—
a right of appeal on the grounds that the complainant has not been provided with adequate information—
about the findings of the investigation; or
about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;
a right of appeal against the findings of the investigation;
a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer in respect of that person’s conduct or has no case to answer;
a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and
a right of appeal against any determination by the appropriate authority under regulation 68(2)(a) (action by the appropriate authority in response to an investigation report under regulation 66), as a result of which it is not required to send the Director of Public Prosecutions F2... a copy of the report.
On the bringing of an appeal under this regulation, the Director General may require the appropriate authority to submit a memorandum to the Director General which—
sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of that person’s conduct or has no case to answer;
if the appropriate authority is proposing to take any action, sets out what action it is proposing to take;
if the appropriate authority has decided in relation to a person to whose conduct the investigation related, that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding; and
if the appropriate authority made a determination under regulation 68(2)(a) as a result of which it is not required to send the Director of Public Prosecutions F3..., a copy of the report relating to the investigation, sets out the reasons for that determination;
and it shall be the duty of the appropriate authority to comply with any requirement under this paragraph.
Where the Director General so requires on the bringing of any appeal under this regulation in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the Director General with a copy of the report of the investigation.
On an appeal under this regulation, the Director General shall determine such of the following as F4the Director General considers appropriate in the circumstances—
whether the complainant has been provided with adequate information about the matters mentioned in paragraph (2)(a);
whether the findings of the investigation need to be reconsidered; and
whether the appropriate authority—
has made such a determination as is mentioned in paragraph (3)(a) that the Director General considers to be appropriate in respect of matters dealt with in the report, and
has determined that it is required to or will, in its discretion, take the action (if any) that the Director General considers to be so appropriate; and
whether the conditions set out in regulation 68(3) and (4) are satisfied in respect of the report on the investigation.
Where, on an appeal under this regulation, the Director General determines that the complainant has not been provided with adequate information about any matter, the Director General shall give the appropriate authority all such directions as the Director General considers appropriate for securing that the complainant is properly informed.
Nothing in paragraph (6) shall authorise the Director General to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of regulation 60.
Where, on an appeal under this regulation, the Director General determines that the findings of the investigation need to be reconsidered, the Director General shall either—
review those findings without an immediate further investigation; or
direct that the complaint be re-investigated.
Where, on an appeal under this regulation, the Director General determines that the appropriate authority has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Director General considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in the report that the Director General considers appropriate, the Director General shall—
determine, in the light of that determination, whether or not to make recommendations under regulation 71 (duties with respect to disciplinary proceedings); and
make such recommendations (if any) under that regulation as the Director General thinks fit.
Where, on an appeal under this regulation, the Director General determines that the conditions set out in regulation 68(3) and (4) are satisfied in respect of the report, the Director General shall direct the appropriate authority—
to send the Director a copy of the report.
The Director General shall give notification of any determination under this regulation—
to the appropriate authority;
to the complainant;
to every person entitled to be kept properly informed in relation to the complaint under regulation 55 (duty to provide information for other persons); and
except in a case where it appears to the Director General that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.
The Director General shall also give notification of any directions given to the appropriate authority under this regulation—
to the complainant;
to every person entitled to be kept properly informed in relation to the complaint under regulation 55; and
except in a case where it appears to the Director General that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.
It shall be the duty of the appropriate authority to comply with any directions given to it under this regulation.
Any appeal made by a complainant under this regulation shall be made within 28 days of the date on which the appropriate authority sends a notification to the complainant of its determination under regulation 68(12) as to what action (if any) it will take in respect of the matters dealt with in the investigation report.
Any such appeal shall be in writing and shall state—
details of the complaint;
the date on which the complaint was made;
the grounds for the appeal; and
the date on which the complainant received notification under regulation 68(12).
Where the Director General receives such an appeal, the Director General shall request any information from any person which the Director General considers necessary to dispose of the appeal.
Where the Director General receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (15), the Director General may decide to proceed as if those requirements had been complied with.
The appropriate authority shall supply to the Director General any further information requested of it under paragraph (16).
The Director General shall determine the outcome of the appeal as soon as practicable.
The Director General shall notify the complainant and the appropriate authority of the reasons for F7the Director General’s determination.
The Director General may extend the time period mentioned in paragraph (14) in any case where the Director General is satisfied that by reason of the special circumstances of the case it is just to do so.
Annotations
Textual amendments
- F1
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(a) (with regs. 18(3), 37)
- F2
Words in reg. 74(2)(e) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 35
- F3
Words in reg. 74(3)(d) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 35
- F4
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(c) (with regs. 18(3), 37)
- F5
Words in reg. 74(10)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 35
- F6
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(b) (with regs. 18(3), 37)
- F7
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(d) (with regs. 18(3), 37)
Commencement
- I1
Reg. 74 in force at 5.8.2010, see reg. 1